How to choose a divorce lawyer in South Africa - what to ask before you sign anything

A divorce is one of the few legal processes that most South Africans go through without ever having used a lawyer before. Choosing the right attorney early can save months of delay and a great deal of money. The free lawyer directory CallMyLawyer lists 887 firms that handle divorce matters across the country. It has put together the questions worth asking before you sign a mandate.

First, know which kind of divorce you are heading for

Divorces in South Africa are granted under the Divorce Act 70 of 1979 by a Regional Court or the High Court. If both spouses agree on how to divide their assets, on maintenance and on the care of any children, the divorce is uncontested. It usually ends with a signed settlement agreement being made an order of court. If you disagree on any of these, the divorce is contested and will take longer and cost more.

Knowing which kind you are likely to have helps you ask a firm the right questions, and helps the firm give you a realistic estimate.

Questions to ask a divorce attorney

• How many divorces does the firm handle? Many general practices list divorce as a practice area. Ask how much of their work is family law.
• Which court will they use? Regional Courts are often quicker and cheaper. The High Court may be needed for complex estates.
• How do they charge? Fixed fees are common for uncontested divorces. Contested matters are usually billed by the hour. Contingency fees are not allowed in family matters.
• Do they offer mediation? Mediation can settle disputes about children and assets without a long trial.
• How will pension interests be handled? A settlement agreement must deal with them clearly, because they are hard to fix later.

Children come first in law

Where there are minor children, the Office of the Family Advocate may look at the proposed parenting plan to make sure it serves the children's best interests. CallMyLawyer's town pages show the nearest Family Advocate office. For example, the page for divorce lawyers in Durban includes that office, together with the local courts that handle maintenance and protection orders.

What to bring to the first meeting

Bring your marriage certificate and any antenuptial contract, a list of assets, debts and pension funds, details of the children and current care arrangements, and recent proof of income. A firm can give a far more accurate quote when it knows whether you were married in or out of community of property.

Compare local firms

CallMyLawyer's national divorce lawyer guide explains the process, timelines and costs in plain language. From there you can choose your province and town. City pages such as divorce lawyers in Johannesburg and divorce lawyers in Polokwane list local firms with their contact details and researched profiles.

This article is general information and not legal advice.

About CallMyLawyer

CallMyLawyer (callmylawyer.co.za) is a free South African lawyer directory. It lists 1,073 law firms in 171 towns across all nine provinces, grouped into 20 practice areas, and 840 of those firms have a researched profile written from their own websites and official sources. The directory does not give legal advice and does not take a share of legal fees. CallMyLawyer is built and run by Mansa Digital (Pty) Ltd, a digital agency based in Roodepoort, Gauteng.